New York Court of Appeals

The People of the State of New York, Respondent v. Azim Hall, Appellant

March 25, 200810 N.Y.3d 303

Summary

The New York Court of Appeals held that a visual body cavity inspection of an arrestee is permissible only when police have reasonable suspicion supported by specific facts and conduct the search reasonably; however, once an object is observed, a warrant is required before removal unless exigent circumstances exist. Applying these rules, the court reversed the Appellate Division and suppressed the cocaine recovered from the defendant, dismissing the indictment. The Court noted dissenting and concurring opinions that disagreed with the majority’s approach to the warrant requirement for visual cavity searches.